scholarly journals Wife Assault, The Justice System and Professional Responsibility

1995 ◽  
Vol 33 (4) ◽  
pp. 908
Author(s):  
Diana Ginn
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Battered Women ◽  
Criminal Law ◽  
Justice System ◽  
Professional Responsibility ◽  
Wife Assault ◽  
The Past ◽  
Key Players ◽  
The Way

The author reviews the response of the criminal justice system to the problem of wife assault by focusing on the key players within the system. The way the criminal law applies to wife assault affects battered women's access to that area of law known as family law, with negative repercussions for them and their children. Several myths about the nature of wife assault help ensure an inappropriate response. These include the myths that the woman is to blame, that by just leaving the abusive situation she can resolve it, and that if she does not leave it is because she enjoys the abuse. The author reviews current methods used by police, prosecutors and judges for dealing with wife assault and discusses the inadequacies of those methods. She concludes that despite many recommendations for change, there have been no significant improvements in the way the criminal justice system deals with wife assault. It is incumbent upon the legal profession to demonstrate professional responsibility by ensuring that wife assault is taken more seriously than it is now and than it has been in the past. This is a necessary reform before battered women can rely on the criminal justice system.

scholarly journals Gender and Financialization of the Criminal Justice System

2021 ◽  
Vol 10 (11) ◽  
pp. 446
Author(s):  
Lisa Servon ◽  
Ava Esquier ◽  
Gillian Tiley
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Mass Incarceration ◽  
Health Needs ◽  
Exploratory Research ◽  
The Past ◽  
System 2 ◽  
Depth Interviews

(1) The increase in women’s mass incarceration over the past forty years raises questions about how justice-involved women experience the financial aspects of the criminal justice system. (2) We conducted in-depth interviews with twenty justice-involved women and seven criminal law and reentry professionals, and conducted courtroom observations in southeastern Pennsylvania. (3) The results from this exploratory research reveal that women’s roles as caregivers, their greater health needs, and higher likelihood of being poor creates barriers to paying fines and fees and exacerbates challenges in reentry. (4) These challenges contribute to a cycle of prolonged justice involvement and financial instability.

The Gender Question in Criminal Law

1990 ◽  
Vol 7 (2) ◽  
pp. 105-137 ◽  
Author(s):  
Stephen J. Schulhofer
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Critical Review ◽  
Justice System ◽  
Feminist Criticism ◽  
Feminist Movement ◽  
Feminist Critique ◽  
The Past ◽  
Substantial Extent

Over the past decade, both the doctrine and the practice of criminal law have come under intensely critical review by feminist scholars and reformers. The territory under reexamination by or because of feminists spans the problems of women as witnesses, defendants, and prisoners in the criminal justice system; it extends to the situation of women as potential victims and offenders in diverse offense circumstances. Crimes in which the defendant or victim is typically female (e.g., prostitution, rape) are predictable subjects of feminist concern, but attention has extended as well to the dynamics of women's experience (arguably distinctive and certainly neglected) in connection with such offenses as assault, shoplifting, drug offenses, and even armed robbery.Feminist criticism and reform efforts have focused for the most part at the level of specific rules or particular areas of practice. In this paper I want to comment on the structure of the feminist critique and to compare its underlying assumptions to those of criminal law as it has been traditionally understood and practiced. In at least some of its prominent versions, feminism entails orientations and commitments incompatible with those of the received criminal law tradition. To the extent that this is true, criminal law, constructed and expounded almost exclusively by males, can fairly be characterized (descriptively) as “sexist” or at least “gendered” (that is, male-oriented) in its core assumptions. Moving to normative ground, I suggest that if the descriptive claims of the feminist movement are true to any substantial extent, then criminal law – conceived in terms seemingly uncongenial to a large part of our population – would require thorough reexamination.

scholarly journals Victims and the criminal justice system in India: Need for a paradigm shift in the justice system

Temida ◽  
2007 ◽  
Vol 10 (2) ◽  
pp. 51-62 ◽  
Author(s):  
Murugesan Srinivasan ◽  
Mathew Eyre
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Paradigm Shift ◽  
Justice System ◽  
Crime Victims ◽  
Law Enforcement Agencies ◽  
The Past ◽  
Victims Of Crime ◽  
The Way

Until 1970s the victims of crime were a forgotten entity in the criminal justice system. The attitude began to change as the discipline of victimology came into its own. The past few decades have witnessed a revolution in the way society deals with victims of crime. Many countries have now recognized the need to provide services to victims to help them recover from the effects of crime and assist them in their dealings with the criminal justice system. But in India, there has not been any significant improvement in the position of victims in the criminal justice system. The present paper has attempted to examine the position of victims of crime in India and the criminal justice system. The paper also emphasizes the need to provide assistance to crime victims. The authors of the present paper have also suggested some of the immediate steps that are to be implemented by the law enforcement agencies in India to improve the position of victims in the criminal justice system. .

scholarly journals Race, Battered Women, and the Criminal Justice System

2015 ◽  
Vol 1 (1) ◽  
pp. 13-21
Author(s):  
Harini Kav
Keyword(s):  
Domestic Violence ◽  
Social Movements ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Battered Women ◽  
Justice System ◽  
Criminal Case ◽  
Gender Biases ◽  
Legislative Changes ◽  
Domestic Violence Survivors

This paper looks at the criminal case of Deborah Peagler and the California habeas law and explores the effectiveness of legislative changes to domestic battery laws as a mechanism for change in the criminal justice system in regards to its treatment of domestic violence survivors accused of committing a crime against their abuser. It focuses on the androcentric and racialized nature of the criminal justice system and argues that while legislative changes brought about by social movements facilitate opportunities for women like Peagler to pursue just outcomes, they do not counter the gender biases prevalent in the justice system and, alone, are insufficient in improving the treatment of domestic violence survivors in the criminal justice system.

Seeing Justice

2021 ◽  
Author(s):  
Mary Angela Bock
Keyword(s):  
Criminal Justice ◽  
Public Sphere ◽  
Criminal Justice System ◽  
Critical Discourse Analysis ◽  
Justice System ◽  
Participant Observation ◽  
The United States ◽  
Detailed Examination ◽  
Visual Media ◽  
The Way

Seeing Justice examines the way criminal justice in the United States is presented in visual media by focusing on the grounded practices of visual journalists in relationship with law enforcement. The book extends the concept of embodied gatekeeping, the corporeal and discursive practices connected to controlling visual media production and the complex ways social actors struggle over the construction of visual messages. Based on research that includes participant observation, extended interviews, and critical discourse analysis, the book provides a detailed examination of the way these practices shape media constructions and the way digitization is altering the relationships between media, citizens, and the criminal justice system. The project looks at contemporary cases that made the headlines through a theoretical lens based on the work of Michel Foucault, Walter Fisher, Stuart Hall, Nicholas Mirzoeff, Nick Couldry, and Roland Barthes. Its cases reveal the way powerful interests are able to shape representations of justice in ways that serve their purposes, occasionally at the expense of marginalized groups. Based on cases ranging from the last US public hanging to the proliferation of “Karen-shaming” videos, this monograph offers three observations. First, visual journalism’s physicality increases its reliance on those in power, making it easy for officials in the criminal justice system to shape its image. Second, image indexicality, even while it is subject to narrative negation, remains an essential affordance in the public sphere. Finally, participation in this visual public sphere must be considered as an essential human capability if not a human right.

scholarly journals Legality Letter of Statement of Khilaf in Indonesia Criminal Justice System

FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 128
Author(s):  
Rugun Romaida Hutabarat
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Primary Source ◽  
Secondary Data ◽  
Criminal Offense ◽  
Criminal Procedure Law ◽  
The Law ◽  
Criminal Matters

In criminal law, a person charged with a criminal offense may be punished if it meets two matters, namely his act is unlawful, and the perpetrator of a crime may be liable for the indicated action (the offender's error) or the act may be dismissed to the perpetrator, and there is no excuse. The reasons may result in the death or the removal of the implied penalty. But it becomes a matter of how if the Letter of Statement Khilaf is the answer to solve the legal problems. The person who refuses or does not do what has been stated in the letters is often called "wanprestasi" because the statement is categorized as an agreement. The statement includes an agreement which is the domain of civil law or criminal law, so its application in the judicial system can be determined. This should be reviewed in the application of the law, are there any rules governing wrong statements in the criminal justice system. By using a declaration of khilaf as a way out of criminal matters, then the statement should be known in juridical rules. This study uses normative juridical methods, by conceptualizing the law as a norm rule which is a benchmark of human behavior, with emphasis on secondary data sources collected from the primary source of the legislation. The result of this research is that the statement of khilaf has legality, it is based on Jurisprudence No. 3901 K / Pdt / 1985 jo Article 189 Paragraph (1) of Indonesian criminal procedure law. However, this oversight letter needs to be verified in front of the court to be valid evidence, but this letter of error is not a deletion of a criminal offense, because the culpability of the defendant has justified the crime he committed. Such recognition, cannot make it free from the crime that has been committed.Keywords: Legality, Letter of Statement, Criminal Justice System

scholarly journals Judicial Discretion in Sentencing: A Justice System that is No Longer Just?

2021 ◽  
Author(s):  
◽  
Sean J. Mallett
Keyword(s):  
New Zealand ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Individual Case ◽  
Regional Disparity ◽  
Judicial Discretion ◽  
The Individual ◽  
Synthesis Approach

<p>One of the fundamental principles of the criminal law is consistency: like offenders must be treated alike. However, research has shown that when it comes to sentencing in New Zealand there is in fact substantial regional disparity in the penalty imposed on similarly situated offenders. The situation is unacceptable, and undermines the integrity of the criminal justice system. This paper will explore three different mechanisms for guiding judicial discretion in the pursuit of sentencing consistency. It will undertake an analysis of mandatory sentences and the ‘instinctive synthesis’ approach, both of which will be shown to be unsatisfactory. Instead, the paper will argue that the establishment of a Sentencing Council with a mandate to draft presumptively binding guidelines is the most appropriate way forward for New Zealand. This option finds the correct equilibrium between giving a judge sufficient discretion to tailor a sentence that is appropriate in the circumstances of the individual case, yet limiting discretion enough to achieve consistency between cases.</p>

scholarly journals Discreet Discretion and Moderate Moderation in Judicial Sentencing: A commentary on Kenya’s Sentencing Policy Guidelines, 2016

2017 ◽  
Vol 3 (1) ◽  
pp. 89-112
Author(s):  
Harrison O Mbori
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Cultural Development ◽  
Judicial System ◽  
Sentencing Guidelines ◽  
Criminal Sentencing ◽  
Administration Of Justice ◽  
Sentencing Policy

Criminal sentencing is an integral part in any judicial system for the fair administration of justice. The process of sentencing and the standards applied by judicial officers has, however, been a notoriously difficult component in many criminal law systems. In Kenya, sentencing has been blamed as one of the sources of ‘popular dissatisfaction with the administration of justice’ to borrow from Roscoe Pound. This was the impetus for the Kenyan Judiciary to introduce the Sentencing Policy Guidelines, 2016 (SPGs). This paper is a general commentary, critique, and analysis of the SPGs. The author argues that SPGs come at an instructive epoch in Kenya’s economic, socio-political, and cultural development. This contribution is not a polemic on the Kenyan SPGs. The commentary makes sideglances to various jurisdictions that have had a longer experience with sentencing guidelines. The article forecasts that Kenyan SPGs will, despite its few shortcomings, nevertheless, prove to be important for all judicial officers involved in Kenya’s criminal justice system.

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